There must be a breach in the standard of care to constitute medical malpractice in Pennsylvania. A breach in the standard of medical care must be determined by a qualified expert witness based on the medical specialty involved in the case. The breach in the standard of care must be the cause of the harm or death.
In a medical malpractice case, the Plaintiff must establish two main elements. First, the Plaintiff needs to prove that there was negligence, which in a medical malpractice case is also referred to as a breach in the standard of care. Second, the Plaintiff must prove that the negligence caused the harm. These legal elements in a medical malpractice case are established through expert witnesses.
In Pennsylvania, there is a two-year time limit or statute of limitations to file a medical malpractice case. There is a discovery rule that applies in certain circumstances that allows for the two-year time limit to start from the time a person discovers their harm.
Talking to the doctor or hospital representative before contacting a lawyer is not required. In most circumstances, speaking with a doctor or hospital representative about your injury or harm is not going to impact your case in any way.
The main element to prove in a medical malpractice case is whether there was a breach in the standard of care. The next element to prove is whether the breach in the standard of care caused the harm or death. There are some cases in which causation may be the hardest element to prove. In some cases, a breach in the standard of care may be hard to prove. This is very fact specific to each case.
There is really no difference between malpractice and negligence. To be successful in a medical malpractice case, the injured party must prove that the medical provider was negligent, which means a breach in the standard of care. This burden is met, in most all cases, using expert witnesses.
There are several different types of medical malpractice. For instance, surgical errors, delay in diagnosing certain medical conditions, hospital or nursing home falls, misread radiology images, emergency room mistakes, and failing to timely transfer to a specialist or higher level of care.
Causes of medical malpractice vary and can range from surgical technique errors, poor communication amongst treating nurses and/or physicians, failure to timely treat a medical condition and the failure to timely transfer a patient in need of emergent or urgent specialty care.
Recoverable damages in a medical malpractice case include economic and non-economic damages. The economic damages are lost wages, loss of future earnings, and past and future medical expenses. Non-economic damages include pain and suffering, scarring and disfigurement, if applicable, mental anguish, embarrassment, and humiliation.
The steps involved in a medical malpractice case are generally obtaining the medical records, review and analysis of the medical records by the attorney and/or legal nurse consultant, medical experts review of the medical records, and then filing a case in the court system. In some circumstances, if merit to a case is determined, then a pre-lawsuit settlement can be entertained.
The majority of cases do settle out of court; however, many cases will go to a jury trial.
The alternatives to filing a lawsuit are attempting to resolve the claim through the applicable insurance carrier for the medical provider. This depends on many factors including the insurance carrier involved, the merits of the case, and the extent and nature of the harm.